Common use of Right to Open Up Clause in Contracts

Right to Open Up. (a) HMQ shall have the right, at any time prior to the Final Completion Date, to request Project Co to open up and inspect (or allow HMQ to inspect) any part or parts of the Works, or to require testing of any part or parts of the Works, where HMQ reasonably believes that such part or parts of the Works is or are defective or that Project Co has failed to comply with the requirements of this Project Agreement (including the Output Specifications, the Project Co Proposal Extracts and the Design Data), relevant to such part or parts of the Works, and Project Co shall comply with such request. When HMQ makes such a request, HMQ shall include reasonably detailed reasons with such request. (b) If the inspection shows that the relevant part or parts of the Works is or are defective or that Project Co has failed to comply with the requirements of this Project Agreement (including the Output Specifications, the Project Co Proposal Extracts and the Design Data), relevant to such part or parts of the Works, Project Co shall rectify all such defects and non-compliance diligently and at no cost to HMQ and Project Co shall not be entitled to any additional compensation or extension of time in relation thereto. (c) If the inspection shows that the relevant part or parts of the Works is or are not defective and that Project Co has complied with the requirements of this Project Agreement (including the Output Specifications, the Project Co Proposal Extracts and the Design Data), relevant to such part or parts of the Works, the exercise by HMQ of its rights pursuant to this Section 19.7 shall, subject to and in accordance with Section 38, be treated as a Delay Event and, subject to and in accordance with Section 39, be treated as a Compensation Event.

Right to Open Up. (a) HMQ The CTC shall have the right, at any time prior to the Final Completion Date, to request Project Co to open up and inspect (or allow HMQ the CTC to inspect) any part or parts of the Works, or to require testing of any part or parts of the Works, where HMQ the CTC reasonably believes that such part or parts of the Works is or are defective or that Project Co has failed to comply with the requirements of this Project Agreement (including the Output Specifications, the Project Co Proposal Extracts and the Design Data), relevant to such part or parts of the Works, and Project Co shall comply with such request. When HMQ the CTC makes such a request, HMQ the CTC shall include reasonably detailed reasons with such request. (b) If the inspection shows that the relevant part or parts of the Works is or are defective or that Project Co has failed to comply with the requirements of this Project Agreement (including the Output Specifications, the Project Co Proposal Extracts and the Design Data), relevant to such part or parts of the Works, Project Co shall rectify all such defects and non-compliance diligently and at no cost to HMQ the CTC and Project Co shall not be entitled to any additional compensation or extension of time in relation thereto. (c) If the inspection shows that the relevant part or parts of the Works is or are not defective and that Project Co has complied with the requirements of this Project Agreement (including the Output Specifications, the Project Co Proposal Extracts and the Design Data), relevant to such part or parts of the Works, the exercise by HMQ the CTC of its rights pursuant to this Section 19.7 20.3 shall, subject to and in accordance with Section 3830, be treated as a Delay Event and, subject to and in accordance with Section 3931, be treated as a Compensation Event.

Right to Open Up. (a) HMQ SMH shall have the right, at any time prior to the Final Completion Date, Date to request Project Co to open up and inspect (or allow HMQ SMH to inspect) any part or parts of the Works, or to require testing of any part or parts of the Works, where HMQ SMH reasonably believes that such part or parts of the Works is or are defective or that Project Co has failed to comply with the requirements of this Project Agreement (including the Output Specifications, the Project Co Proposal Extracts and the Design Data), ) relevant to such part or parts of the Works, and Project Co shall comply with such request. When HMQ SMH makes such a request, HMQ SMH shall include reasonably detailed reasons with such request. (b) If the inspection shows that the relevant part or parts of the Works is or are defective or that Project Co has failed to comply with the requirements of this Project Agreement (including the Output Specifications, the Project Co Proposal Extracts and the Design Data), ) relevant to such part or parts of the Works, Project Co shall rectify all such defects and non-compliance diligently and at no cost to HMQ SMH and Project Co shall not be entitled to any additional compensation or extension of time in relation thereto. (c) If the inspection shows that the relevant part or parts of the Works is or are not defective and that Project Co has complied with the requirements of this Project Agreement (including the Output Specifications, the Project Co Proposal Extracts and the Design Data), ) relevant to such part or parts of the Works, the exercise by HMQ SMH of its rights pursuant to this Section 19.7 20.3 shall, subject to and in accordance with Section 3830, be treated as a Delay Event and, subject to and in accordance with Section 3931, be treated as a Compensation Event.

Right to Open Up. (a) HMQ IO shall have the right, at any time prior to the Final Completion Date, to request Project Co to open up and inspect (or allow HMQ IO to inspect) any part or parts of the Works, or to require testing of any part or parts of the Works, where HMQ IO reasonably believes that such part or parts of the Works is or are defective or that Project Co has failed to comply with the requirements of this Project Agreement (including the Output Specifications, the Project Co Proposal Extracts and the Design Data), relevant to such part or parts of the Works, and Project Co shall comply with such request. When HMQ IO makes such a request, HMQ IO shall include reasonably detailed reasons with such request. (b) If the inspection shows that the relevant part or parts of the Works is or are defective or that Project Co has failed to comply with the requirements of this Project Agreement (including the Output Specifications, the Project Co Proposal Extracts and the Design Data), relevant to such part or parts of the Works, Project Co shall rectify all such defects and non-compliance diligently and at no cost to HMQ IO and Project Co shall not be entitled to any additional compensation or extension of time in relation thereto. (c) If the inspection shows that the relevant part or parts of the Works is or are not defective and that Project Co has complied with the requirements of this Project Agreement (including the Output Specifications, the Project Co Proposal Extracts and the Design Data), relevant to such part or parts of the Works, the exercise by HMQ IO of its rights pursuant to this Section 19.7 19.3 shall, subject to and in accordance with Section 38, be treated as a Delay Event and, subject to and in accordance with Section 39, be treated as a Compensation Event.

Right to Open Up. (a) HMQ WCH shall have the right, at any time prior to the Interim Completion Date in respect to the Phase 1 Facility and at any time prior to the Final Completion DateDate in respect to the Phase 2 Facility, to request Project Co to open up and inspect (or allow HMQ WCH to inspect) any part or parts of the Works, or to require testing of any part or parts of the Works, where HMQ WCH reasonably believes that such part or parts of the Works is or are defective or that Project Co has failed to comply with the requirements of this Project Agreement (including the Output Specifications, the Project Co Proposal Extracts and the Design Data), ) relevant to such part or parts of the Works, and Project Co shall comply with such request. When HMQ WCH makes such a request, HMQ WCH shall include reasonably detailed reasons with such request. (b) If the inspection shows that the relevant part or parts of the Works is or are defective or that Project Co has failed to comply with the requirements of this Project Agreement (including the Output Specifications, the Project Co Proposal Extracts and the Design Data), ) relevant to such part or parts of the Works, Project Co shall rectify all such defects and non-compliance diligently and at no cost to HMQ WCH and Project Co shall not be entitled to any additional compensation or extension of time in relation thereto. (c) If the inspection shows that the relevant part or parts of the Works is or are not defective and that Project Co has complied with the requirements of this Project Agreement (including the Output Specifications, the Project Co Proposal Extracts and the Design Data), ) relevant to such part or parts of the Works, the exercise by HMQ WCH of its rights pursuant to this Section 19.7 19.3 shall, subject to and in accordance with Section 3837, be treated as a Delay Event and, subject to and in accordance with Section 3938, be treated as a Compensation Event.

Right to Open Up. ‌ (a) HMQ The College shall have the right, at any time prior to the Final Completion Date, Date to request Project Co to open up and inspect (or allow HMQ the College to inspect) any part or parts of the Works, or to require testing of any part or parts of the Works, where HMQ the College reasonably believes that such part or parts of the Works is or are defective or that Project Co has failed to comply with the requirements of this Project Agreement (including the Output Specifications, the Project Co Proposal Extracts and the Design Data), ) relevant to such part or parts of the Works, and Project Co shall comply with such request. When HMQ the College makes such a request, HMQ the College shall include reasonably detailed reasons with such request. (b) If the inspection shows that the relevant part or parts of the Works is or are defective or that Project Co has failed to comply with the requirements of this Project Agreement (including the Output Specifications, the Project Co Proposal Extracts and the Design Data), ) relevant to such part or parts of the Works, Project Co shall rectify all such defects and non-compliance diligently and at no cost to HMQ the College and Project Co shall not be entitled to any additional compensation or extension of time in relation thereto. (c) If the inspection shows that the relevant part or parts of the Works is or are not defective and that Project Co has complied with the requirements of this Project Agreement (including the Output Specifications, the Project Co Proposal Extracts and the Design Data), ) relevant to such part or parts of the Works, the exercise by HMQ the College of its rights pursuant to this Section 19.7 20.3 shall, subject to and in accordance with Section 3830, be treated as a Delay Event and, subject to and in accordance with Section 3931, be treated as a Compensation Event.

Right to Open Up. (a) HMQ shall have the right, at any time prior to the PGW Final Completion Date, to request Project Co to open up and inspect (or allow HMQ to inspect) any part or parts of the Works, or to require testing of any part or parts of the Works, where HMQ reasonably believes that such part or parts of the Works is or are defective or that Project Co has failed to comply with the requirements of this Project Agreement (including the Output Specifications, the Project Co Proposal Extracts and the Design Data), relevant to such part or parts of the Works, and Project Co shall comply with such request. When HMQ makes such a request, HMQ shall include reasonably detailed reasons with such request. (b) If the inspection shows that the relevant part or parts of the Works is or are defective or that Project Co has failed to comply with the requirements of this Project Agreement (including the Output Specifications, the Project Co Proposal Extracts and the Design Data), relevant to such part or parts of the Works, Project Co shall rectify all such defects and non-compliance diligently and at no cost to HMQ and Project Co shall not be entitled to any additional compensation or extension of time in relation thereto. (c) If the inspection shows that the relevant part or parts of the Works is or are not defective and that Project Co has complied with the requirements of this Project Agreement (including the Output Specifications, the Project Co Proposal Extracts and the Design Data), relevant to such part or parts of the Works, the exercise by HMQ of its rights pursuant to this Section 19.7 20.3 shall, subject to and in accordance with Section 3830, be treated as a Delay Event and, subject to and in accordance with Section 3931, be treated as a Compensation Event.

Right to Open Up. (a) HMQ ▇▇▇▇▇ shall have the right, at any time prior to the Final Completion Date, Date to request Project Co to open up and inspect (or allow HMQ Osler to inspect) any part or parts of the Works, or to require testing of any part or parts of the Works, where HMQ ▇▇▇▇▇ reasonably believes that such part or parts of the Works is or are defective or that Project Co has failed to comply with the requirements of this Project Agreement (including the Output Specifications, the Project Co Proposal Extracts and the Design Data), ) relevant to such part or parts of the Works, and Project Co shall comply with such request. When HMQ ▇▇▇▇▇ makes such a request, HMQ ▇▇▇▇▇ shall include reasonably detailed reasons with such request. (b) If the inspection shows that the relevant part or parts of the Works is or are defective or that Project Co has failed to comply with the requirements of this Project Agreement (including the Output Specifications, the Project Co Proposal Extracts and the Design Data), ) relevant to such part or parts of the Works, Project Co shall rectify all such defects and non-compliance diligently and at no cost to HMQ Osler and Project Co shall not be entitled to any additional compensation or extension of time in relation thereto. (c) If the inspection shows that the relevant part or parts of the Works is or are not defective and that Project Co has complied with the requirements of this Project Agreement (including the Output Specifications, the Project Co Proposal Extracts and the Design Data), ) relevant to such part or parts of the Works, the exercise by HMQ ▇▇▇▇▇ of its rights pursuant to this Section 19.7 19.3 shall, subject to and in accordance with Section 3837, be treated as a Delay Event and, subject to and in accordance with Section 3938, be treated as a Compensation Event.

Right to Open Up. (a) HMQ shall have the right, at any time prior to the Final Completion Date, to request Project Co to open up and inspect (or allow HMQ to inspect) any part or parts of the Works, or to require testing of any part or parts of the Works, where HMQ reasonably believes that such part or parts of the Works is or are defective or that Project Co has failed to comply with the requirements of this Project Agreement (including the Output Specifications, the Project Co Proposal Extracts and the Design Data), ) relevant to such part or parts of the Works, and Project Co shall comply with such request. When HMQ makes such a request, HMQ shall include reasonably detailed reasons with such request. (b) If the inspection shows that the relevant part or parts of the Works is or are defective or that Project Co has failed to comply with the requirements of this Project Agreement (including the Output Specifications, the Project Co Proposal Extracts and the Design Data), ) relevant to such part or parts of the Works, Project Co shall rectify all such defects and non-compliance diligently and at no cost to HMQ and Project Co shall not be entitled to any additional compensation or extension of time in relation thereto. (c) If the inspection shows that the relevant part or parts of the Works is or are not defective and that Project Co has complied with the requirements of this Project Agreement (including the Output Specifications, the Project Co Proposal Extracts and the Design Data), ) relevant to such part or parts of the Works, the exercise by HMQ of its rights pursuant to this Section 19.7 20.3 shall, subject to and in accordance with Section 3830, be treated as a Delay Event and, subject to and in accordance with Section 3931, be treated as a Compensation Event.

Right to Open Up. (a) HMQ The College shall have the right, at any time prior to the Final Completion Date, Date to request Project Co to open up and inspect (or allow HMQ the College to inspect) any part or parts of the Works, or to require testing of any part or parts of the Works, where HMQ the College reasonably believes that such part or parts of the Works is or are defective or that Project Co has failed to comply with the requirements of this Project Agreement (including the Output Specifications, the Project Co Proposal Extracts and the Design Data), ) relevant to such part or parts of the Works, and Project Co shall comply with such request. When HMQ the College makes such a request, HMQ the College shall include reasonably detailed reasons with such request. (b) If the inspection shows that the relevant part or parts of the Works is or are defective or that Project Co has failed to comply with the requirements of this Project Agreement (including the Output Specifications, the Project Co Proposal Extracts and the Design Data), ) relevant to such part or parts of the Works, Project Co shall rectify all such defects and non-compliance diligently and at no cost to HMQ the College and Project Co shall not be entitled to any additional compensation or extension of time in relation thereto. (c) If the inspection shows that the relevant part or parts of the Works is or are not defective and that Project Co has complied with the requirements of this Project Agreement (including the Output Specifications, the Project Co Proposal Extracts and the Design Data), ) relevant to such part or parts of the Works, the exercise by HMQ the College of its rights pursuant to this Section 19.7 20.3 shall, subject to and in accordance with Section 3830, be treated as a Delay Event and, subject to and in accordance with Section 3931, be treated as a Compensation Event.

Right to Open Up. (a) HMQ The College shall have the right, at any time prior to the Final Completion Date, to request Project Co to open up and inspect (or allow HMQ the College to inspect) any part or parts of the Works, or to require testing of any part or parts of the Works, where HMQ the College reasonably believes that such part or parts of the Works is or are defective or that Project Co has failed to comply with the requirements of this Project Agreement (including the Output Specifications, the Project Co Proposal Extracts and the Design Data), relevant to such part or parts of the Works, and Project Co shall comply with such request. When HMQ the College makes such a request, HMQ the College shall include reasonably detailed reasons with such request. (b) If the inspection shows that the relevant part or parts of the Works is or are defective or that Project Co has failed to comply with the requirements of this Project Agreement (including the Output Specifications, the Project Co Proposal Extracts and the Design Data), relevant to such part or parts of the Works, Project Co shall rectify all such defects and non-compliance diligently and at no cost to HMQ the College and Project Co shall not be entitled to any additional compensation or extension of time in relation thereto. (c) If the inspection shows that the relevant part or parts of the Works is or are not defective and that Project Co has complied with the requirements of this Project Agreement (including the Output Specifications, the Project Co Proposal Extracts and the Design Data), relevant to such part or parts of the Works, the exercise by HMQ the College of its rights pursuant to this Section 19.7 20.3 shall, subject to and in accordance with Section 3830, be treated as a Delay Event and, subject to and in accordance with Section 3931, be treated as a Compensation Event.

Right to Open Up. (a) HMQ JBH shall have the right, at any time prior to the Final Completion Date, to request Project Co to open up and inspect (or allow HMQ JBH to inspect) any part or parts of the Works, or to require testing of any part or parts of the Works, where HMQ JBH reasonably believes that such part or parts of the Works is or are defective or that Project Co has failed to comply with the requirements of this Project Agreement (including the Output Specifications, the Project Co Proposal Extracts and the Design Data), ) relevant to such part or parts of the Works, and Project Co shall comply with such request. When HMQ JBH makes such a request, HMQ JBH shall include reasonably detailed reasons with such request. (b) If the inspection shows that the relevant part or parts of the Works is or are defective or that Project Co has failed to comply with the requirements of this Project Agreement (including the Output Specifications, the Project Co Proposal Extracts and the Design Data), ) relevant to such part or parts of the Works, Project Co shall rectify all such defects and non-compliance diligently and at no cost to HMQ JBH and Project Co shall not be entitled to any additional compensation or extension of time in relation thereto. (c) If the inspection shows that the relevant part or parts of the Works is or are not defective and that Project Co has complied with the requirements of this Project Agreement (including the Output Specifications, the Project Co Proposal Extracts and the Design Data), ) relevant to such part or parts of the Works, the exercise by HMQ JBH of its rights pursuant to this Section 19.7 20.3 shall, subject to and in accordance with Section 3830, be treated as a Delay Event and, subject to and in accordance with Section 3931, be treated as a Compensation Event.